(N.V. Ramana and Prafulla C. Pant, JJ.)
Avinash Narain @ Raju Mishra _______________________ Appellant
v.
State of Bihar ___________________________________ Respondent
Criminal Appeal No. … of 2017 [Arising out of S.L.P. (Criminal) No. 2078 of 2017], decided on July 14, 2017
The Order of the court was delivered by
Order
1. Leave granted.
2. This appeal by special leave is directed against the judgment and order dated 8.2.2017 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No. 3686 of 2017, whereby the High Court rejected the anticipatory bail application qua the appellant herein.
3. This Court, on 10.3.2017, passed the following order :—
“Issue notice.
Having regard to the facts and circumstances of the case, let the petitioner be released on bail, in the event of his arrest or surrender before the Court below within a period of six weeks from today, on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cum-Special Judge, POSCO, Muzaffarpur, in connection with F.I.R. No. 105 of 2016 dated 31.8.2016 registered at Police Station (Women), Muzaffarpur, Bihar, under Sections 376(ii)(i), 201/34 of the Indian Penal Code and Section 4, 21 of POSCO Act.
The petitioner is directed to co-operate in the investigation.”
4. We have heard learned counsel for the appellant as well as learned counsel appearing on behalf of the State.
5. In the facts and circumstances of the case, order dated 10.3.2017 passed by this Court is made absolute.
6. The appellant is directed to co-operate in the investigation and must obey all the conditioned imposed by the trial Court.
7. Any violation of the conditions of bail or misuse of liberty granted to the appellant would result in cancellation of bail.
8. The appeal is, accordingly, disposed of.
Petition(s) for Special Leave to Appeal (Crl.) No(s). 2078/2017
Avinash Narain @ Raju Mishra ________________________ Petitioner
v.
The State of Bihar _________________________________ Respondent
Date : 14-07-2017 This petition was called on for hearing today.
(Before N.V. Ramana and Prafulla C. Pant, JJ.)
For Petitioner(s) Mr. Rajan Chaudhary, Adv.
For Mr. K. N. Rai, AOR
For Respondent(s) Ms. Favzia Shakil, Adv.
Mr. Ujjwal Singh, Adv.
Mr. Mojahid Karim Khan, Adv.
For Mr. M. Shoeb Alam, AOR
UPON hearing the counsel the Court made the following
Order
9. Leave granted.
10. The appeal is disposed of in terms of the signed order.
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